Is Medical Malpractice Common? Insurance, Litigation and Law Myths (2005)

Doctors’ groups, patients, and insurance companies have criticized medical malpractice litigation as expensive, adversarial, unpredictable, and inefficient. About the book: https://www.amazon.com/gp/product/B001NXDF3M/ref=as_li_tl?ie=UTF8&camp=1789&creative=9325&creativeASIN=B001NXDF3M&linkCode=as2&tag=tra0c7-20&linkId=6ccf82c3ed5f80eddf66d47610d39e85

They claim that the cost of medical malpractice litigation in the United States has steadily increased at almost 12 percent annually since 1975.[21] More recent research from the same source has found that tort costs as a percentage of GDP dropped between 2001 and 2009, and are now at their lowest level since 1984.[22] Jury Verdict Research, a database of plaintiff and defense verdicts, says awards in medical liability cases increased 43 percent in 1999, from 0,000 to ,000,000. However, more recent research from the U.S. Department of Justice has found that median medical malpractice awards in states range from 9,000 to 5,000.[23]

These critics assert that these rate increases are causing doctors to go out of business or move to states with more favorable tort systems.[24] Not everyone agrees, though, that medical malpractice lawsuits are solely causing these rate increases.[25] A 2003 report from the General Accounting Office found multiple reasons for these rate increases, with medical malpractice lawsuits being the primary driver.[26] Despite noting multiple reasons for rate increases, the report goes on to state that the “GAO found that losses on medical malpractice claims-which make up the largest part of insurers’ costs-appear to be the primary driver of rate increases in the long run.” More recent data has indicated that medical malpractice rates are generally no longer rising. In 2011, data pooled from the industry by the publication Medical Liability Monitor indicated that medical malpractice insurance rates had declined for four straight years. The decrease was seen in both states that had enacted tort reform and in states that had not, leading actuaries familiar with the data to suggest that patient safety and risk management campaigns had had a more significant effect.[27]

The major tort reform proposals have been:

Special medical malpractice courts
Limits on noneconomic damages
Reduction in the statute of limitations of action
The majority of the American public supports reforms to the malpractice system. However, surveys show that the majority of the American public also vastly underestimate the extent of medical errors.[28] Recent research has shown that while both health consumers and health producers are concerned about some of the adverse consequences of healthcare litigation, health consumers perceive that increased healthcare litigation can reduce the incentives for negligence on the part of healthcare providers.

At the same time, studies of these claims have found that there is no problem of increasing malpractice verdicts and insurance costs driving doctors out of business.

https://en.wikipedia.org/wiki/Medical_malpractice_in_the_United_States
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Medical Malpractice Deposition: Why Did I Stop Asking Questions After Only 30 Minutes?

Medical Malpractice Deposition: Why Did I Stop Asking Questions After Only 30 Minutes?
https://www.Oginski-Law.com/
NY Medical Malpractice & Personal Injury Lawyer Gerry Oginski Explains
516-487-8207
Email: Gerry@Oginski-Law.com

First, what is a deposition?
It’s a question and answer session that happens in an attorney’s conference room. There’s no judge there. There’s no jury there either.

I will be there.
The defense lawyer will be there.
And the doctor whom you sued will be there.
That’s it. Almost.
There’s also a court stenographer who will be there to record all of my questions and all of your answers.

The answers that the doctor gives represents his sworn testimony and carries the same exact weight as if he’s testifying at trial in front of a jury.

In this particular case, it became obvious after only thirty minutes of questioning this doctor that he did absolutely nothing wrong. In that case, I decided not to ask the doctor any more questions and ended this pretrial deposition.

The doctor was shocked I had finished so early.
The defense attorney was surprised I had no more questions.
I don’t need to drag out questioning for hours if it’s obvious the doctor did nothing wrong.

Watch the video to learn more…

Here’s a cardiac malpractice case where I was able to achieve a million dollar settlement for my client: https://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm

To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, ‪https://www.Oginski-Law.com‬

If you have legal questions and your matter happened here in New York and you’re thinking about bringing a lawsuit, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I’d be happy to chat with you.

Law Office of Gerald Oginski
35 South Drive
Great Neck, NY 11021
516-487-8207

Email: Gerry@Oginski-Law.com
#medicalmalpractice
#medicalmalpracticelawyer
#deposition
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Medical Malpractice Lawyers In Texas

Law Offices of Joyce Stamp Lilly, R.N. ,J.D. ,P.C.

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Joyce Stamp Lilly, licensed in Texas, is a personal injury lawyer and Registered Nurse who truly cares about those victimized through any form of negligence or medical malpractice. Rarely if ever is medical malpractice a deliberate act intended to hurt someone. Rather, Joyce Stamp Lilly understands that it is often a result of systems failures.

Contact the Law Offices of Joyce Stamp Lilly, R.N., J.D., P.C. to request a free initial consultation on your personal injury concern today.

Contact the Law Offices of Joyce Stamp Lilly, R.N., J.D., P.C. to request a free initial consultation on your personal injury concern today.

1177 West Loop South, Suite 720
Houston, TX 77027
Phone: 713-759-6430

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If You THREATEN to SUE Your Doctor for Medical Malpractice Will He Say "OK, How Much Do You Want?"

If You THREATEN to SUE Your Doctor for Medical Malpractice Will He Say “OK, Tell Me How Much to Pay”?
https://www.oginski-law.com/library/can-you-buy-a-speedpass-to-move-your-lawsuit-to-the-front-.cfm
NY Medical Malpractice & Personal Injury Lawyer Gerry Oginski Explains
516-487-8207
Email: Gerry@Oginski-Law.com

You don’t REALLY want to sue your doctor.
You like your doctor.
In fact, you LOVE your doctor.

But you think he dropped the ball.
You think he screwed up.
Big time.

You think his carelessness caused you harm and injury.
Permanent injury.
You want to send him a letter threatening a lawsuit.

You think it would be better coming from an attorney.
You want to send your doctor a threatening letter from an attorney.
“That’s sure to get him to respond and pay up,” you think to yourself.

Actually, that’s NOT going to happen.
Not by a long shot.
First of all, if you find an attorney who IS willing to send a letter threatening to sue your doctor and he or you have NO intention of bringing a lawsuit, then your lawyer has just violated an ethical rule and would be subject to a grievance here in New York.

An attorney cannot threaten litigation if he has no intention to go forward and start a lawsuit.

Next, your lawyer will IGNORE your threatening letter.
He will NEVER respond to it.
He’ll send it to his insurance company.

There, they will laugh at it and throw it in the garbage to await your lawsuit.
They’re quaking in their shoes waiting for your lawsuit.
They’re shivering wondering when the lawsuit will show up.

NOT.
They really don’t care if you file suit or not.
That’s a fact.

Watch the video to learn more…

Here’s a cardiac malpractice case where I was able to achieve a million dollar settlement for my client: https://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm

To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, ‪https://www.oginski-law.com/library/can-you-buy-a-speedpass-to-move-your-lawsuit-to-the-front-.cfm‬

If you have legal questions and your matter happened here in New York and you’re thinking about bringing a lawsuit, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I’d be happy to chat with you.

Law Office of Gerald Oginski
35 South Drive
Great Neck, NY 11021
516-487-8207

Email: Gerry@Oginski-Law.com
#medicalmalpractice
#medicalmalpracticelawyer

Medical Malpractice Depositions: Does the Defense Attorney Read Your Medical Records Before?

Medical Malpractice Depositions: Does the Defense Attorney Read Your Medical Records Before He Begins Asking You Questions?
https://www.Oginski-Law.com

Let’s start at the beginning.
What’s a deposition?
It’s a question and answer session that takes place in our conference room.

When you sue your doctor for medical malpractice, during your lawsuit you will have to answer questions from the attorneys who represent the doctors you sued.

This question and answer session is known as a deposition or an examination before trial. It’s pretrial testimony. It’s sworn testimony. The answers that you give carry the same exact weight as if you are testifying at trial.

You should know that before the defense lawyer ever steps into your attorney’s office, he will have obtained all of your medical records. The same ones that your attorney obtained to determine if you had a valid case.

The opposing lawyer will be asking you hundreds of questions over the course of many hours. It will often appear as if the lawyer who is asking the questions doesn’t know a thing about you or what went on with your doctor or hospital staff.

The entire time you’re being asked questions about what a doctor did or what they said, you’re wondering how much easier this would be if the attorney would simply have read your medical records to know the answer.

The problem is that the defense attorney likely did read all of your medical records. He likely wants to see if you’ll contradict yourself when you answer his questions.

Have questions about your matter that happened here in New York? If you have not yet started a lawsuit and are thinking of doing so, I invite you to call me at 516-487-8207. You know this is something I do every day and I’d love to talk to you.

#MedicalMalpractice #MedicalMalpracticeLawyer #deposition #MedicalMalpracticeAttorney #TrialLawyer #TrialAttorney #NewYork #Gerryoginski #trial #examinationbeforetrial #pretrialtestimony

The Top 5 Defences to Nova Scotia medical malpractice claims

Hi there. I’m medical malpractice John McKiggan. Today I want to tell you about about the Top 5 defenses to medical malpractice claims.

Medical malpractice claims often involve complicated questions about medical science, medical technology, and standards of care and risk assessment. Medical malpractice lawyers need to have a good understanding of anatomy, basic medical science, and the standards of professional medical practice in order to evaluate and pursue medical malpractice claims in Canada.

The five most common defences in malpractice claims are:

1. Forseeability:

A doctor is responsible for protecting patients from risks that they can see or know about beforehand. In other words, they are responsible for protecting against foreseeable risks or dangers. The doctor may claim that the injury was an unforeseeable consequence of the medical treatment. For example one client we helped suffered serious injuries as a result of side effects from medication given to him by his doctor. The doctor argued that the side effects were so rare that they were not foreseeable.

2. Patient Caused or Contributed to the Injury:

The doctor may claim that the injury was caused by the patient not following proper medical advice. For example, in one case we reviewed the patient didn’t attend his appoint for a chest x-ray and eventually died from undiagnosed lung cancer.

3. Not a Recognized Risk:

If a doctor explains all the risks to the patient, and the patient agrees to assume those risks, the doctor is not responsible if those risks result in an injury. The doctor will claim that the patient’s particular injury was a recognized risk of the procedure and the risk was properly explained to the patient. In other words, the patient gave informed consent to undergo the risks of the procedure.

4. Someone Else Did It:

The doctor may claim that some other party was responsible for causing the injury. In one case we successfully settled, the doctor argued that the hospital’s faulty medical equipment, not the doctor’s negligent care, was responsible for my client’s serious brain injury.

5. Pre-Existing Injury:

The doctor may claim that the injury was caused by a previous illness or disease. For example, the doctor may claim that your disabling back pain was not the result of negligent surgery but due to pre-existing arthritis.

If you want more information about Medical malpractice claims call us for your copy of Health Scare: The Consumer’s Guide to Medical Malpractice Claims. This public legal education guide contains everything you need to know to protect your rights if you think you or a family member has been a victim of medical malpractice. The book is for sale on Amazon but we will send you a copy, at no charge, if you call us at 902-423-2050 or go to www.healthscarebook.ca

http://www.apmlawyers.com

How MUCH is YOUR Case Worth? NY Medical Malpractice Attorney Gerry Oginski Explains

How MUCH is YOUR Case Worth?
http://www.oginski-law.com/library/3-things-to-consider-when-defense-offers-to-settle-your-case.cfm
NY Medical Malpractice & Personal Injury Lawyer Gerry Oginski Explains
516-487-8207
Email: Gerry@Oginski-Law.com

Is it worth ,000?
Is it worth 0,000?
Is it worth ,000,000?

The answer may be yes, yes and yes.

The answer will depend on many factors such as…

Where your case is pending.
How much available insurance is there?
How have your injuries disabled you?
What type of medical treatment did you need immediately and in the weeks and months after?

How are you limited from doing your daily activities?
What type of physical therapy and rehabilitation did you need?
How much lost earnings did you have?

How much lost earnings will you have into the future?
What activities are you no longer able to do?
What medical treatment will you require in the future?

Did medicare or medicaid pay for any of your medical bills?
How likeable are you?
Your education.
Whether your spouse helped you.

What have similar cases settled for?
What have similar cases obtained at verdict?
What have appeals courts ruled on people with your similar injury?

All of these questions help an attorney to analyze the true value of your case.

Watch the video to learn more…

Here’s a cardiac malpractice case where I was able to achieve a million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm

To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, ‪http://www.oginski-law.com/library/3-things-to-consider-when-defense-offers-to-settle-your-case.cfm

If you have legal questions and your matter happened here in New York and you’re thinking about bringing a lawsuit, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I’d be happy to chat with you.

Law Office of Gerald Oginski
35 South Drive
Great Neck, NY 11021
516-487-8207

Email: Gerry@Oginski-Law.com
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What is the standard for medical malpractice?

Medical malpractice is one of the most complex areas of the law. Understanding what negligence is, and whether negligence constitutes malpractice, is vital to deciding whether you want to pursue a lawsuit. Find the best medical malpractice lawyer with Avvo:
https://rb.avvo.com/vlg4

Medical negligence is the failure to provide the standard of care. The standard of care varies across geographical regions, and between different types of healthcare professionals, but always refers to what a competent provider in the same location and field would do. If a provider fails to meet the standard of care, that’s medical negligence.

Zaheer A. Shah is the principal attorney and founding partner of Shah & Associates, a medical malpractice and personal injury firm in Arizona. According to Attorney Shah, “negligence is, essentially, a failure to act reasonably.”

However, the presence of negligence alone is not enough to secure compensation in a medical malpractice lawsuit. The medical negligence has to lead to significant injury. If there was malpractice, but some other event caused your injuries, you likely will not have a case.

Attorney Shah suggests fully investigating the harm or injury, and then working backwards to determine whether there was a breach in the standard of care. When it comes to a lawsuit, the defendant will likely find experts who will claim they did meet the standard of care.

The malpractice attorney’s job is to prove that the standard of care was, in fact, breached. This is why medical malpractice suits often rely on causality experts, in order to show that medical negligence directly contributed to the injury for which the plaintiff is now seeking compensation.

A medical malpractice lawyer could help investigate your case to find all the pieces required for your claim. With their help, you could recover significant compensation for the injuries you suffered at the hands of a medical professional.

Zaheer A. Shah is a medical malpractice and personal injury attorney and founding partner of Shah & Associates in Arizona: https://rb.avvo.com/zshah
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What Makes Medical Malpractice Litigation Different?

Our team at Grossman Roth Yaffa Cohen has nearly a century of combined experience in medical malpractice claims. Every case is unique in its own way, but there are several principles that ring true for all claims.

One of the most important lessons we have learned is that jurors have an inherent bias toward medical professionals and physicians in particular. Here’s why.

Read more: https://www.grossmanroth.com/what-makes-medical-malpractice-litigation-different/
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How long do you have to sue for medical malpractice in Kings

Question : Do you still have time to sue? Answer : There is a time limit to sue called the Statute of Limitations. If you don’t file the lawsuit before the statute of limitations, you lose your right to sue. The most important question you can ask your lawyer is: Do I still have time to sue, and if so, when will the statute of limitations expire? You must get clear answers to these questions from your lawyer. In New York, there are several different deadlines that might apply to your case. The statute of limitations for a medical malpractice case is two years and six months from the date that the doctor committed the malpractice, but in wrongful death cases, the statute of limitations is two years from the date of death. If the lawsuit is not filed within those deadlines, you lose your right to sue. If you were treated at a municipal hospital or a Veterans Administration Hospital, there are shorter deadlines for the filing of the lawsuit. In a case against a municipal hospital, you must file a notice of claim within 90 days of the malpractice and a lawsuit must be filed within 1 year and 90 days following the malpractice. In a case against a Veterans Administration Hospital, you must file a notice of claim called a Standard Form 95 within 2 years from the date of the malpractice. The claim is brought under a federal law called the Federal Tort Claims Act and under this law, you must first file the notice of claim before you can bring a lawsuit. You should become very familiar with the Statute of Limitations that applies to your case and you should insist that your lawyer tell you exactly the date that the statute of limitations will expire. Do you have questions? You can get our free ebook, The Seven Deadly Mistakes of Malpractice Victims, just by providing your name and email address at the home page of www.protectingpatientrights.com . We promise your information won’t be shared with third persons. And if you’d like to speak with me about your case, I welcome your phone call at 1-866-889-6882. I look forward to speaking with you.
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How Long Does a Medical Malpractice Case Take? – CHHLaw.com

It is impossible to predict exactly how long any one particular medical malpractice case will take to finish. All cases are different and it depends on how complex the case is.

A typical range that it takes to complete a medical malpractice case is between two to four years. They are some of the most lengthy and complicated legal proceedings that there are.

The clients of Cirignani, Heller & Harman, LLP have the unique advantage of having attorneys working on the case who are both experienced trial lawyers and experienced medical professionals. This can typically cut down the amount of time it takes to complete the case. With rare exception medical malpractice cases typically require filing a lawsuit and going to court. During the process, our goal is to get the case in such a position that the defendants will negotiate a settlement. However, that is not always the case and we are always prepared to go all the way and take the case to trial for our clients.

Our clients are essentially victims of the medical system and we want to make sure that they get justice in the legal system.
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SURPRISE! This ONE Thing Will Get an Attorney DISBARRED!
http://www.Oginski-Law.com/
NY Medical Malpractice & Personal Injury Lawyer Gerry Oginski Explains
516-487-8207
Email: Gerry@Oginski-Law.com

It’s a little secret that nobody really talks about.
It’s something you see in the newspaper from time to time.
This will get an attorney in handcuffs usually.

Want to know what will get an attorney disbarred from practicing law in the state of New York?

If he steals a clients’ money.

He can’t do that.
It’s unethical.
It’s illegal.

Let’s say this is a medical malpractice case.
Your case took three years to resolve.
You settled your case just before trial.

Now the insurance company sends your lawyer a check.
For a lot of money.
A check with a lot of zero’s after that first number.

The insurance company does NOT send that check to you.
Instead, they send you a letter telling you they send the check to your lawyer.

Your lawyer is supposed to have you come into the office to sign that settlement check. Then, he has to sign the check. Why?

Because that check is made payable to both you and your lawyer.
Can you get your money then?
Not yet.

First, your check has to be deposited.
Not into your account.
Not into your lawyers’ law firm account.

Instead, it goes into a protected account called a trust account.
It’s also known as an escrow account.
That money is protected.

The only way money leaves that trust account is if certain requirements are met.

Watch the video to learn more…

Here’s a cardiac malpractice case where I was able to achieve a million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm

To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, https://www.oginski-law.com/library/doctor-refuses-to-turn-over-their-records-what-do-you-do-.cfm

If you have legal questions and your matter happened here in New York and you’re thinking about bringing a lawsuit, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I’d be happy to chat with you.

Law Office of Gerald Oginski
35 South Drive
Great Neck, NY 11021
516-487-8207

Email: Gerry@Oginski-Law.com
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